A first time DUI conviction in California typically carries a penalty of between $390 to $1000 in fines. In addition to the fines, you will be required to pay anywhere up to $3000 in penalty assessments.

Second and subsequent convictions carry heavier fines, as do instances in which another person was injured.

California law allows for the judge to sentence you to up to six months in jail for a first time offense.

If this is your first time you’re being convicted of a DUI, you will most likely retain the right to keep a restricted version of your driver’s license.

However, you will have to pay restriction and reissue fees in order to keep the privilege of driving to and from work.

Additionally, you will be required to complete a mandatory DUI educational program. These programs can require a time commitment of up to one year.

Other consequences include paying impoundment and storage fees for your vehicle, two points added to your driving record (if you are given four points in a twelve month period your license will be revoked), and a mark on your record which will last for ten years.

Finally, your auto insurance premiums will likely increase, and you could face ramifications on the job if you had to miss work.

You understand that a conviction can cost you thousands of dollars, your license, and possible jail time.

So, what now? Is there a way out?

Actually, in many cases there is. You see, the majority of evidence introduced into court during a DUI trial is technical in nature. And technical evidence can be challenged on valid scientific grounds. Today, the best way to fight a DUI case is to show how the technology to determine blood alcohol content (or BAC) might be faulty. This technique allows for reasonable doubt as to whether you were actually driving above the legal limit. You may be wondering how technology might be wrong. Actually, there are many ways in which errors can occur. The job of a good attorney is to highlight the possibility of error.

Under this new law,  DUI’s that had previously been taken off a person’s driving record have now been put back on. For example if you had a DUI back in 1998 and had it removed from your record 2005, and had since received a good driver discount, under the new law, the DUI would be back on your driving history and you may not qualify for a good driver discount again until 2008.

Many insurance companies check your motor vehicle record only once every three years or when you’re applying for a new policy. Sometimes, accidents, tickets, and drunk-driving convictions can escape your insurer’s attention or don’t end up on your motor vehicle record. However, if your insurer does find out about a driving under the influence (DUI) conviction, you’re likely to feel the pinch of higher rates and possibly policy cancellation or non-renewal. Shopping around will definitely yield the lowest rate, as they vary greatly.

There are two ways insurance companies generally deal with customers convicted of DUI. First, your insurer will likely raise your car insurance premiums and label you a high-risk driver if it finds out you’ve been convicted of DUI.

Second, your auto insurer may cancel your insurance mid-term or terminate the policy at the end of the term because of your DUI conviction, especially if you are currently in a preferred class. Your company will send you a notice stating why you’ve been canceled, and then you’ll have to find another insurer while having a cancellation on your claims history and a DUI on your driving record.

Most state laws require DUI convicts to get an SR-22 from their insurers, so you can’t hide. Your insurance company may have to provide the DMV with an SR-22 form, which removes your license suspension by providing the state with proof of your insurance. An SR-22 also means your insurance company is required to notify the DMV if it cancels your auto insurance for any reason. In this case, you’ll likely have to file proof of insurance for three — sometimes five — years with your state’s department of motor vehicles. Some insurance companies don’t offer SR-22 policies, so you may also be non-renewed or canceled because your company can no longer provide what you need.
Certain states don’t allow insurance companies to drop you in the middle of the policy term even for a DUI, so make sure There are two ways insurance companies generally deal with customers convicted of DUI. First, your insurer will likely raise your car insurance premiums and label you a high-risk driver if it finds out you’ve been convicted of DUI.

Second, your auto insurer may cancel your insurance mid-term or terminate the policy at the end of the term because of your DUI conviction, especially if you are currently in a preferred class. Your company will send you a notice stating why you’ve been canceled, and then you’ll have to find another insurer while having a cancellation on your claims history and a DUI on your driving record.

Most state laws require DUI convicts to get an SR-22 from their insurers, so you can’t hide. Your insurance company may have to provide the DMV with an SR-22 form, which removes your license suspension by providing the state with proof of your insurance. An SR-22 also means your insurance company is required to notify the DMV if it cancels your auto insurance for any reason. In this case, you’ll likely have to file proof of insurance for three — sometimes five — years with your state’s department of motor vehicles. Some insurance companies don’t offer SR-22 policies, so you may also be non-renewed or canceled because your company can no longer provide what you need.

Certain states don’t allow insurance companies to drop you in the middle of the policy term even for a DUI, so make you know the laws in your state.

Law Enforcement Officers, Prosecutors and Judges are not looking out for your best interests when you are charged with Driving Under the Influence (DUI). These people are under tremendous pressure from their superiors to make more arrests, get more convictions and hand out stiffer sentences. An offense that may have been overlooked a few years ago may be zealously prosecuted in today’s world. Any time you, a friend or a loved one is charged with DUI, you must take it very seriously!

When you are charged with DUI, or convicted, you are at risk for any or even all of these outcomes:

1. Jail time

2. Criminal record

3. Loss of driver’s license

4. Possible loss of your job

5. Large fines

6. Increased insurance rates

7. Required dependency treatment

8. Points against your drivers license

9. Drivers license surcharges

10. Other punishments that result from a DUI charge or conviction

Pennsylvania DUI Penalties

Implied Consent Laws: Laws demand drivers assumed of driving under the influence to concede to breath, blood, or urine testing for alcohol content are known as “implied consent laws.” Rebuttal carries penalties that can include mandatory suspension of a driving license for up to a year.

Blood-Alcohol Concentration: In Pennsylvania, any driver with a blood-alcohol absorption - or BAC - above .08 percent is measured “per se intoxicated” under the law. Under this statute, this evidence is all that is required for a driver to be convicted of Driving Under the Influence (DUI) or Driving While Intoxicated (DWI).

Zero Tolerance Blood-Alcohol Concentration: In all states, “zero tolerance laws” focal point on drivers not of legal drinking age. In Pennsylvania, persons under the age of 21 operating a car with a .02 percent blood-alcohol level or higher than are subject to DUI penalties.

Enhanced Penalty Blood-Alcohol Concentration: In some states there is a more severe punishment for those convicted of DUI with a for the most part high blood-alcohol content at the point in time of arrest; this is commonly .15 to .20 percent above the legal limit. Enhanced penalty laws are not utilized in Pennsylvania.

Administrative License Suspension/Revocation Penalties: These penalties are minimum mandatory penalties obligatory on drivers with a blood-alcohol concentration above Pennsylvania’s maximum tolerable level of .08 percent or drivers subject to the implied consent laws (see above) for refusing to submit to breath, blood, or urine testing for blood-alcohol content. Penalties involve suspension or revocation (meaning transitory or permanent removal) of the driver’s license by the DMV (Department of Motor Vehicles). In Pennsylvania, for the foremost DUI offense the mandatory suspension is 90 days; for the second offense, one year; for the third offense, three years.

Vehicle Confiscation: The penalty of vehicle confiscation for DUI conviction – either everlastingly or temporarily - is a risk in some states, typically for repeat offenders. This is not a penalty option in Pennsylvania.

Ignition Interlock: An ignition interlock device attaches to the condemned DUI offender’s motor vehicle and requires the driver to complete a breath-test before the vehicle will start. While this penalty for DUI conviction is a option in some states, this is not an option in Pennsylvania.

Mandatory Alcohol Education and Assessment/Treatment: Alcohol tutoring and prevention program, treatment for alcohol abuse, and judgment of a person for possible alcohol or drug craving can be required for DUI offenders in Pennsylvania. These steps are often recommended instead of serving a sentence of incarceration or paying fines.

With more than enough out of state tourists, Nevada uses harsh DUI laws to crack down on anyone caught drinking and driving within its borders. Although many states’ DUI laws are very similar, Nevada breaks the mold when it comes to blood alcohol testing, using harsh laws to ensure that a person arrested for possible DUI is always given a test to determine what his blood alcohol level was at the time of arrest.

Few Tips:

1.  If I am stopped by a police officer, I have the right to consult with a lawyer to determine whether to answer his questions, or to decide whether submit to a blood or breath test.

Your constitutional right to speak with an attorney doesn’t allow you to consult with one before deciding whether to remain silent, or before deciding whether to submit to an evidentiary test of your blood or breath.  It is only after you answer the officer’s question, and after you submit to the testing, that you can call a lawyer to determine what you should have done.

TIP:     Although you are generally expected to answer a police officer’s legitimate “identity” type questions, you should not admit to having consumed any alcohol or any controlled substances.  By doing so, especially with the controlled substances, you may be admitting to a felony.  When in doubt, don’t talk.  You should only agree to take tests that are required by law.  Don’t volunteer to take any tests that are not required.  Ask if the test is required.

2.  I have the right to refuse a test of my blood or breath, even if the officer tells me to submit to one.

Years ago, it was possible to refuse to submit to a blood or breath test, without very much fallout.  Today, however, should you refuse to submit to a “preliminary” test of your breath, the officer is permitted to arrest you, if he has “reasonable grounds” to do so, and to force you to take an evidentiary test of your blood or breath.  If you are asked to submit to an “evidentiary” test of your breath or blood, and you refuse, the officer can use reasonable force to compel you to take the test.

TIP:     Cooperate, but don’t volunteer to take tests.  Your refusal to take a test may result in your being charged with an additional charge of obstructing or resisting an officer.  Be polite, and if told that you have to submit to a test, then submit to it and fight about it later, in court.

3.  If I am stopped and arrested for Driving Under the Influence, I am as good as convicted.

Despite the attitude of many courts and prosecutors, there are defenses to the crime which should be raised by you.  Sadly, there are law enforcement officers who are not above coloring the truth and are willing to do so.  Also, many officers who investigate DUI cases are not qualified to administer the sobriety tests, and they make serious mistakes in so doing.  Remember this: If you plead guilty, you have a 100% chance of being found guilty.  If, however, you are willing to fight for your rights, and to contest the prosecution’s case, you will have the best chance of a satisfactory outcome.

TIP:     Pleading Not Guilty at the Arraignment does not mean that you cannot change your mind later.  For this reason, do not plead guilty until you are satisfied that nothing can be done to improve your legal position.  Your attorney will know how to advise you.

4.  I can defend myself effectively in this kind of case, if I just let the judge know the facts.

If you have a headache, it is perfectly acceptable to take an aspirin or two.  Similarly, a small cut on your may heal perfectly well without your doing anything to remedy it.  If your appendix bursts, however, you need to consult an expert, and no one would suggest that you should personally attempt to remove that appendix.  If you are arrested for Driving Under the Influence, you need professional help to get past the many pitfalls and adverse consequences.  You need a competent lawyer, one who is experienced in the defense of Driving Under the Influence cases, and who is well versed on the law and facts regarding these offenses.  Your investment in such representation is essential.

TIP:     Hire the best attorney you can afford, one with depth of knowledge and experience in defending other drinking drivers.

After the police officer decides to charge you, he or she will prepare a criminal complaint and an affidavit of probable cause (usually a brief summary of the incident in narrative form) and file it with the local District Judge in whose jurisdiction the offense is alleged to have been committed. This process can take anywhere from a couple of days to several weeks depending upon the officer. The District Judge mails the complaint to you usually via certified and regular mail. Beware, the District Judge will issue a warrant and have you physically arrested if you fail to acknowledge service of this paperwork. In rare circumstances, usually when a driver is from out of state or country, an officer will actually prepare the paperwork while you are in custody following the arrest and you will be taken in front of a District Judge who will set bail. This is called a preliminary arraignment. In either case, you will receive written notice that a preliminary hearing has been scheduled and an order requiring you to get fingerprinted and photographed. It is this process that initiates a criminal history.

2. Preliminary Hearing:

This is a crucial hearing in your case. The preliminary hearing is not a trial. The principal function of a preliminary hearing is to protect an individual’s right against arrest and detention without probable cause. At this hearing, the Commonwealth bears the burden of establishing a prima facia case that a crime was committed and you are probably the one who committed it. It is not necessary for the Commonwealth to establish that your are guilty beyond a reasonable doubt at this stage. The preliminary hearing is critical to a defendant because it can be used as an opportunity to “discover” facts about your case and set up important pretrial motions for litigation later on in the process. Never agree to waive your preliminary hearing until after you have had the opportunity to speak with an attorney.

3. Arraignment:

This is the date set after your preliminary hearing, about 30 to 60 days after your hearing. You can usually waive your appearance without prejudice to your case. It is primarily an event to advise you of your of rights and deadlines for pretrial motions. If you have an attorney, he or she will advise you of these rights.

4. Pretrial Conference:

This is generally a housekeeping day in which your attorney discusses your case with the District Attorney, often in front of a Judge, and attempts to negotiate the best possible plea bargain or sets a date for trial. It is also an opportunity to speak with the court about pending pretrial motions. It will happen about 6 weeks after arraignment. The date is set by the Court.

5. Suppression or other Pretrial Motion Hearings:

The Court may suppress some or all of the evidence against you if your constitutional rights have been violated. Your attorney will file motions to suppress. It occurs anywhere 6 weeks to 3 months after the pre-trial conference.

6. Trial:

Under the new law, you no longer have an absolute right to a jury trial in first offense DUI’s and trial will occur before a Judge – known as a bench trial. In other cases, trial is to a jury of twelve. Trial dates are usually scheduled at the pretrial conference and within two months of the date a jury is selected.

7. Sentencing:

The Court imposes a sentence after a conviction at trial or after a plea bargain is accepted and a plea entered. Sentences may include jail time in a State or County prison, in-home detention, treatment (including inpatient), community service, alcohol safe driving classes, counseling, fines and costs. Creative sentencing practice is of paramount importance in DUI cases.

DWI/DUI is an abbreviation of driving while under the influence of intoxicants (alcohol) or of any substance or substances which impair driving ability. Other substances can include illegal drugs, prescription drugs, inhalants such as glue, gasoline, spray paint etc., and/or over the counter medications. Kentucky’s DUI law has an “Illegal Per Se” provision. “Illegal Per Se” (On the face of or by itself) means it is illegal to drive with a blood or breath alcohol content of 0.08 or higher.

Highlights of Kentucky’s DUI Law

Here are highlights from Kentucky law on driving under the influence (KRS Chapter 189A). Legal terms associated with drunk driving in Kentucky.

‘Per Se’ BAC Level: .08

Zero Tolerance BAC Level: .02

Enhanced Penalty BAC Level: .18

Implied Consent Law: Yes

License Suspension 1st Offense: 30 days

License Suspension 2nd Offense: 1 year

License Suspension 3rd Offense: 2 years

Mandatory Jail Time after 2nd offense: Yes

Mandatory Alcohol Education: Yes

Mandatory Assessment/Treatment: Yes

Possible Ignition Interlock: Yes

Possible Vehicle Confiscation: Yes

Hardship License while license suspended: No

Open Container Law: For driver and passenger

These are highlights of the main provisions of Kentucky law pertaining to drunk driving. Other factors can increase the penalties for drunk driving, such as if an injury or death occurred, or if a child was endangered.

Source: KRS Chapter 189A

Another Important Fact to Know: 90% of DUI arrests occur between 10PM and 3AM.

How Can I Clear My DUI Record?

you may have some options available to clear your record. Your first option after a DUI conviction is to seek a new trial from the court. If there was an error in the admission of evidence at your trial or some other procedural problems, your attorney can ask the court for a new trial. If the judge grants your request for a new trial, you will be allowed to present your entire case again, this time before a new jury. If you’re found not guilty after your second trial, then your record will be cleared and the legal effect would be as if you never were convicted. If the judge refuses to grant you a new trial, or you lose at your second trial, you may be eligible to appeal your DUI conviction. If there is an error of law at your trial, or the jury completely disregarded the facts, you may have grounds for an appeal. An appeal involves filing briefs with the court and an oral argument-you will not be required to appear or participate in the appeal. If your appeal is successful, your conviction will be reversed, and your record will be cleared.

The Truth about Lawyers - Even though lawyers are the brunt of a lot of jokes out there, they really are in the legal industry to help you. You could hire one of the most expensive lawyers out there to represent you for your DUI case, and you will still pay less money to him than you would to the court system. If you had the option to pay a certain amount of money to the court, have your license taken away, have to go to jail and spend a weekend at a conference where they describe to you how bad drinking and driving is… OR, pay a lawyer a smaller amount of money, have a good chance of keeping your license, have a better chance of having the DUI dropped and to stay out of jail, wouldn’t that be better?

Though some find it tempting to represent themselves in a drunk driving legal case, having a competent attorney, familiar with drunk driving cases is really a necessity. There’s often a chance the case may be dismissed depending on the circumstances.

It’s always so much better not to get in that predicament in the first place. Bear in mind that if you are convicted in a DUI case, you may lose your license, or get your license and car impounded. You may have to pay a heavy fine or you may land in prison.

The arrests in DUI cases are rising because of new, more stringent laws and regulations that have been introduced in many states.

If you still must select a DUI attorney, be careful. Select a competent attorney who has some good experience in DUI cases and he will be the best defense tool for you.

Your attorney can explain the consequences to you after assessing your case so you will be prepared to defend yourself against those consequences. The laws vary from one place to another and it may be difficult for you to know the local “law of the land”. He can help you understand the possibility of license problems, imprisonment, community service etc. He/She will let you know if there are any special laws regarding underage drunk driving and BAC above the limit. A drunk driving attorney will be able to manage the whole process for you.

New bill would lower high blood-alcohol threshold for aggravated drunk driving in Kentucky. A member of the Kentucky State Senate has introduced legislation that would lower the blood-alcohol level for aggravated drunk driving. Kentucky drunk driving laws establish .08% BAC as the threshold of legal intoxication. Currently a BAC of .18% or higher is considered an aggravated offense subject to additional penalties. Senate Bill 71 would establish .15% BAC as the new threshold for aggravated DUI. Under the legislation, a highly intoxicated first offense driver would be required to spend a minimum of four days in jail. The bill also increases the penalties for drivers caught driving under the influence of drugs. The bill has passed the Senate Judiciary Committee and will soon be introduced to the full Senate of the Kentucky General Assembly.

DUI Penalties in Kentucky: The criminal penalties associated with driving under the influence in Kentucky become more severe with each offense a person accumulates. The look-back period is helpful in determining if an offender will face penalties for a first offense or a subsequent offense. The penalties for a first DUI offense in Kentucky are a $200 to $500 fine, a service fee of $250, 48 hours to 30 days in jail, not less than 48 hours and not more than 30 days of community service if the offender is eligible, driver’s license suspension of 30 to 120 days, and 90 days of alcohol or drug assessment and treatment. An offender is eligible for a restricted work permit after 30 days of a suspension. Second offenses result in harsher penalties including $350-$500 in fines, $200 in service fees, seven days to six months in jail, not less than 10 days and no more than six months of community service, one year of alcohol and drug assessment and treatment, and 12 to 18 months of license suspension. A third DUI offense in Kentucky results in penalties including a fine of $500 to $1,000, 30 days to 12 months in jail, not less than 10 days and no more than 12 months of community service, 24 to 36 months of license revocation, and one year of mandatory alcohol and drug treatment and assessment. A fourth DUI offense is a class D felony in Kentucky. The offender must serve a mandatory 120 days of a jail sentence that may be from one year to five years in length. The offender’s license will be revoked for 60 months and he or she will have to undergo alcohol and drug assessment and treatment for one year.

Kentucky DUI Lawyer: Kentucky considers driving under the influence a criminal offense that is punishable with both criminal and administrative penalties. Because driving under the influence can result in penalties that are difficult to face when you’re trying to live a normal life, hiring a Kentucky DUI lawyer is imperative if you have been arrested and charged with driving under the influence. Having a skilled Kentucky DUI lawyer representing you will give you the best chance for successfully defending yourself against these charges and keeping your reputation intact. Your Kentucky DUI/DWI lawyer will be familiar with the latest developments on DUI/DWI laws in the state, and can use this knowledge to provide you with the expertise you need to help you avoid costly fines, loss of licence, or even a custodial sentence.

1. Cause to Stop The Police have to have a reason to stop you when you are driving. They mostly decide to stop you based on the way you are driving (doh). The signs they think show a DUI or DWI driver are many.

What they look for is erratic driving like unexplained speed changes, excessive movement within lanes or lane changing without indicating. Parking badly, having the appearance of not knowing where you are etc.

Unfortunately there could be, and often is, a perfectly acceptable reason for any and all of these “signs”. A good DUI Lawyer can argue this in court for you.

2. Field Sobriey Testing These tests are NO indication of sobriety. In addition the officer who stops you has, in most cases, already decided that you are a DUI or DWI case. They only use these tests to confirm their suspicion.

I would fail these tests stone cold sober, most people would. They are only an indication of your ability to balance or count backwards or whatever.

You don’t have to take these tests in most states, there is a free ebook available from the resource link below written by an experienced DUI Lawyer.

3. Blood Testing Blood testing is the most accurate and it is your right to ask for this to be done if you are stopped for DUI or DWI. You can even ask for your own doctor or hospital to do the testing. A DUI Lawyer will tell you what to do.

If you are unable to get your own doctor or hospital, you should ask for a sample of the blood taken so you can get your own, independent testing done.

4. Blood Alcohol Content The Breath Analysis Testing machines are only accurate when they have been regularly tested and aligned and used as directed. Your DUI Lawyer will get the calibration records to check.

Mostly the police do not use them as directed, you will be asked to “keep blowing, keep blowing” but that isn’t the way they should be used. The air from the bottom of your lungs has a much higher concentration of alcohol then the air from the top or middle.

The Breath Analysis machine is calibrated for the middle concentration not the bottom so asking you to empty your lungs will give a false reading and will get you convicted of DUI or DWI even though you are below the legal limit.

5. Court Time If you are charged with DUI or DWI you will end up in court. Now the deck is really stacked against you if you dont have a good DUI Lawyer with you. If the police officer has rail roaded you, and over 30% of those in court have been, then the court will believe them rather than you 100% of the time.

Unless…you have an experienced DUI lawyer on your side. The cost of losing a DUI or DWI case will run out to $10,000 or more. If the lawyer costs $5,000 and reduces or eliminates the conviction you have reduced your costs and quite possibly got your life back.

Get a DUI lawyer.

6. Recovery After Conviction OK, if you are reading this a bit late and have already been convicted of DUI or DWI what can you do now?

You need to find out how to get your life back on an even keel. you need to find out how to get your drivers license back, how to protect yourself when applying for a new job, how to get auto insurance at a reasonable price etc.

In short, there is a lot you can do to get your life back after a DUI conviction and the link below can help you find a DUI Lawyer locally.

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